Case Note & Summary
The petitioner, Smt. Suchitra Rajesh Naik, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 19.02.2019 passed by the LVIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, in C.Misc.No.50394/2018. The petitioner had filed the miscellaneous case under Section 13(3) of the Registration of Births and Deaths Act, 1969, seeking a direction to the respondents to register the date of death of her mother, Smt. Gouri Nayak. The Magistrate dismissed the petition on the ground that no documentary evidence was produced. The petitioner contended that the Magistrate failed to consider the oral evidence and other material on record. The High Court, after hearing the parties, found that the Magistrate had not applied his mind to the evidence and had dismissed the petition mechanically. The court set aside the impugned order and remitted the matter back to the Magistrate for fresh consideration, directing that all evidence be considered and a reasoned order be passed within three months. The writ petition was allowed.
Headnote
A) Registration of Births and Deaths - Correction of Death Entry - Section 13(3) of the Registration of Births and Deaths Act, 1969 - The Magistrate dismissed the petition solely on the ground that no documentary evidence was produced, ignoring the oral evidence and other material. The High Court held that the Magistrate must consider all evidence and cannot dismiss the petition without proper application of mind. The impugned order was set aside and the matter remitted for fresh consideration. (Paras 2-5)
Issue of Consideration
Whether the Magistrate was justified in dismissing the petition under Section 13(3) of the Registration of Births and Deaths Act, 1969, on the ground that no documentary evidence was produced, without considering the oral evidence and other material on record.
Final Decision
The High Court allowed the writ petition, set aside the order dated 19.02.2019 passed by the LVIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, in C.Misc.No.50394/2018, and remitted the matter back to the Magistrate for fresh consideration. The Magistrate was directed to consider all evidence on record and pass a reasoned order within three months from the date of receipt of the order.
Law Points
- Section 13(3) of the Registration of Births and Deaths Act
- 1969
- confers power on the Magistrate to direct registration or correction of death entries
- the Magistrate must consider all evidence and cannot dismiss a petition solely for lack of documentary proof if other evidence is available
- the High Court under Articles 226 and 227 can set aside an order that fails to exercise jurisdiction properly.
Case Details
2020 LawText (KAR) (07) 61
Writ Petition No.43898 of 2019 (GM-RES)
Shri. Dinesh Gaonkar (for petitioner), Smt. H. Vani (AGA for R1 & R2)
Smt. Suchitra Rajesh Naik
The Registrar of Births and Deaths, Health Department, BBMP, Ward No.48, Mahadevpura, Bengaluru; The Commissioner, BBMP, Hudson Circle, N.R.Square, Bengaluru; Sri. Narayan Ganapathi Nayak; Smt. Sukanya G Nayak; Sri. Abhinandan Nayak
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Magistrate dismissing a petition under Section 13(3) of the Registration of Births and Deaths Act, 1969.
Remedy Sought
The petitioner sought a writ of certiorari to quash the order dated 19.02.2019 passed by the LVIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, in C.Misc.No.50394/2018, and a direction to the respondents to register the date of death of her mother.
Filing Reason
The Magistrate dismissed the petitioner's application under Section 13(3) of the Registration of Births and Deaths Act, 1969, on the ground that no documentary evidence was produced, without considering the oral evidence and other material.
Previous Decisions
The Magistrate dismissed C.Misc.No.50394/2018 on 19.02.2019.
Issues
Whether the Magistrate was justified in dismissing the petition under Section 13(3) of the Registration of Births and Deaths Act, 1969, solely on the ground of lack of documentary evidence without considering other evidence.
Submissions/Arguments
The petitioner argued that the Magistrate dismissed the petition without considering the oral evidence and other material on record.
The respondents (State) did not make any specific submissions as the matter was heard on the point of the impugned order.
Ratio Decidendi
The Magistrate, while exercising powers under Section 13(3) of the Registration of Births and Deaths Act, 1969, must consider all evidence, including oral testimony, and cannot dismiss a petition solely on the ground that no documentary evidence is produced. The order must be a reasoned one reflecting proper application of mind.
Judgment Excerpts
Petitioner filed C.Misc.No.50394/2018 under section 13 (3) of the Registration of Births and Death Act, 1969, before the LVIII Additional Chief Metropolitan Magistrate, Mayo hall, Bengaluru, inter alia with a prayer to direct the respondents therein to register the date of death of his mother Smt. Gouri Nayak and the same has been dismissed by the impugned order.
Learned Advocate for the petitioner submitted that the petition has been dismissed on the ground that no documentary evidence has been produced.
The impugned order is set aside. The matter is remitted to the learned Magistrate for fresh consideration.
Procedural History
The petitioner filed C.Misc.No.50394/2018 under Section 13(3) of the Registration of Births and Deaths Act, 1969, before the LVIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, seeking registration of the date of death of her mother. The Magistrate dismissed the petition on 19.02.2019. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, which was allowed on 06.07.2020, setting aside the Magistrate's order and remanding the matter for fresh consideration.
Acts & Sections
- Registration of Births and Deaths Act, 1969: 13(3)
- Constitution of India: 226, 227
